Tag: Reliable
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Medical Billing Expert’s Testimony Regarding the Reasonable Value of the Medical Treatment Admitted
This case arises from a traffic accident that occurred on December 21, 2022 at an intersection on U.S. Highway 98, involving an 18-wheeler and a Ford F-150 pickup truck. Cameron Thompson and his son, J.C., brought this action seeking damages, which included, among other things, past medical expenses for injuries sustained in the accident. Defendants…
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Epidemiology Expert’s Opinions about the Risk of Breakthrough Infections Excluded
Washington Governor Jay Inslee issued Proclamation 21-14 (“the Proclamation”), which required state employees to be fully vaccinated by October 18, 2021, to continue employment with the state. The Proclamation carved out an exception to the vaccination requirement for employees who were entitled to disability related accommodations or accommodations related to a sincerely held religious belief under…
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Family Medicine Expert Allowed to Testify Despite Her Lack of Experience in the Correctional Medical Context
This litigation revolves around medical care, and the alleged lack thereof, provided to Plaintiff Peter George Noe between fall 2020 and late 2022, while incarcerated at the United States Penitentiary ADMAX in Florence, Colorado. Defendant filed a motion to exclude the testimony of Plaintiff’s retained expert, Dr. Kimberly A. Cullen, MD, arguing that Cullen does…
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Life Care Planning Expert’s Testimony on Future Medical Care Needs Admitted
A July 2022 vehicle collision in Gallup, New Mexico, triggered a lawsuit claiming severe injuries. Plaintiff Jimmy Woodall claimed that DefendantCurt Moeller made an “unsafe lane change,” forcing his tractor-trailer into a guardrail. Woodall alleged that the crash caused him “severe and disabling injuries.” Woodall sued the Defendants, demanding medical expenses along with damages for…
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Neurology Expert’s Opinions on Medical Causation Are Not Outside the Scope of His Expertise
This civil rights action stems from the in-custody death of Kimberley Morrissey-Scalia while a pretrial detainee in Lerdo Pre-Trial Facility in Kern County. Plaintiffs filed a motion to preclude Defendants’ expert, Michael E. Gold, M.D., “from: (1) testifying to any opinions on medical causation that are outside the scope of his expertise; and (2) testifying…
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Intellectual Property Expert’s Opinion as to a Safer Design for a Splitting Maul Admitted
Plaintiff, Joseph Ferlito purchased a splitting maul (an axe specially designed for splitting wood) from Defendant, Harbor Freight Tools USA, Inc. in 2017. Several months later, while the Plaintiff was hanging the maul to store it, the head of the tool detached and struck Plaintiff, causing injuries to his nose and left eye. Plaintiff initiated…
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Engineering Expert’s Opinion on Cost Estimates Admitted
The Great Lakes Insurance Company issued a policy of insurance (the “Policy”) to Gulf Coast Bank and Trust (“Gulf Coast”) covering specific buildings owned by BRH Consultants, specifically, the Burbank Landing Apartments. Subsequently, BRH alleged that on August 29, 2021, Hurricane Ida caused damage to Buildings 1 and 2 of the property. Following this event,…
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Safety Engineering Expert Allowed to Opine on Codes and Industry Standards
On January 22, 2022, Sharon Marshall was dining at an Outback Steakhouse in Fort Smith, Arkansas, when she slipped, fell, and received serious injuries. She alleged that she slipped on soup that had spilled in the floor which Outback had negligently failed to clean up. Outback has filed motions to exclude or limit the testimony…
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Audiology Expert’s “Chart Note” is Not a Proper Expert Report
This case stems from a rear-end, chain-reaction accident. Plaintiffs alleged that, on or about June 16, 2019, Plaintiff Miranda Allen was driving northbound on Interstate 5 in Skagit County, Washington, with Plaintiff J.M. as a passenger in her vehicle. While Plaintiff Allen’s vehicle was stopped in traffic, Defendant Martin Barratt, also driving northbound on Interstate…
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Credit Reporting Expert May Not Opine as to Whether the Procedures were Reasonable or Unreasonable
Plaintiff Barbara Cooper alleged that Defendant Milliman, Inc. (“Milliman”) violated the Fair Credit Reporting Act in two ways: first, whenit issued a report about her medical and prescription history that mixed her with another individual; and second, when it issued a second report wherein Milliman reinserted information it had previously deleted after purportedly reinvestigating Plaintiff’s…
